On 28th December 2016, at around 9.00 am the accused forcefully took Shivam with them to extract sugarcane juice for them. Though he resisted they took him by force. On reaching the site of incident, he continued to resist and ran away to a nearby settlement of Barber (Nai) community.

But they found him again. They threatened him again and abused him in caste name. One of them kicked him on his back, He fell on the machine and his hand was crushed in the extractor. Due to political interference by the M.L.A. Mr. Dubey, FIR was not filed on time.

घटना जालौन जिले के माधौगढ़ थाना क्षेत्र के सुरपुतपुरा गावँ की है । जहाँ प्रार्थी हरिबाबू पुत्र रामकिशुन उम्र 60 वर्ष पेशा मजदूरी जाती चमार sc के यहाँ दिनांक 13-11-2015 को शाम 8 बजे प्रार्थी के घर भानुप्रताप सिंह पुत्र निरंजन, कुलदीप भदोरिया पुत्र विजय बहादुर उर्फ़ बड़े मुन्ना व नीशू भदोरिया पुत्र सवदेशसिंघ,बन्नूसिंह पुत्र प्रह्लाद आदि मरे घर में भद्दी भद्दी जाती सूचक गालिया देने लगे यह सुनकर में बहार आया तो मुझे मारने पीटने लगे , आवाज़ सुनकर मेरा भतीजा उपेन्द्र पुत्र रामदीन मुझे बचने आया तो उसे भी लाती डंडों व सरिया से पीटा ,तब गावँ के कुछ लोग बचने दौड़े तो यह लोग 2 गोली का फायर करते हुए हम सबको जान से मारने की धमकी देते हुए भाग गए ।

one Surjan Singh S/o Jagir Singh, R/o Village- Musewal, Police Station- Kot Esse Kha, tehsil- Dharamkot, District- Moga(He is living with the family of his daughter Raj Kaur’s in laws house) has approached VSJ office and narrated the following facts:-

(a)       That he belongs to “Jatt Sikh” community.

(b)   That from last five years he has been employed to work as “Siri” agriculture bonded labourer by one Gurmail Singh@ Gela S/o Sh. Gurdayal Singh R/o Village- Musewal, tehsil- Dharamkot, District- Moga who also belongs to Jatt Sikh community.

(c)    That when he was employed by Gurmail Singh@ Gela give him Rs.5000 (Rupees five thousand) as an advance. Gurmail Singh@ Gela  fixed his annual wages Rs. 50,000/- and said that he will increase Rs. 1000/- in his annual salary every year.

(d)   That he is working for the employer for day and night. Gurmail Singh@ Gela was not allowing him to go to his house. When he goes to his house Gurmail Singh@ Gela allows him only to stay in his house only for one hour. If he stays more than one hour then Gurmail Singh@ Gela comes to his house and abused him and brings him back to his work.

(e)    That he was also take care the 7 buffalos of Gurmail Singh@ Gela.

(f)    That Gurmail Singh@ Gela is providing him two times meals.

(g)   That Gurmail Singh@ Gela was not allowing him for any weekly rest or overtime wages. When he could not attend the work due to sickness or any urgent work at his house then Gurmail Singh@ Gela was charging him a fine as per his own wish and by adding this amount in the advance amount he was charging an interest on the whole amount.

(h)   That Gurmail Singh@ Gela never paid him his full wages when he demanded his wages from Gurmail Singh@ Gela he pays him only Rs. 1000/- in a month.

(i)     That now when he completed is five years of work for Gurmail Singh@ Gela he demanded his wages from Gurmail Singh@ Gela but he does not pay him his wages but imposed a debt of Rs. 10,00000 (Rupees one lakh) as a debt bondage.

(j)     That every year Gurmail Singh@ Gela imposed a debt on him and engaged him forcibly to his work in the lieu of bonded debt.

(k)   That Gurmail Singh@ Gela is threatening him that if he will not pay the bonded debt and will try to leave the work then he will beat him and will engage him in work.

(l)     That now Gurmail Singh@ Gela is not paying his wages but is demanding bonded debt from him.

 The main questions involved in the complaint are as under :-

 (a) The Bonded Labour System (Abolition) Act 1976 by the virtue of its section 4 declared :-

  Abolition of bonded labour system.- (1) On the commencement of this Act, the bonded labour system shall stand abolished and every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render any bonded labour.

(2) After the commencement of this Act, no person shall-

(a) make any advance under, or in pursuance of, the bonded labour system, or

(b) compel any person to render any bonded labour or other form of forced labour.

                        Hence advancing  a bonded debt is an offence punishable as mentioned in section 17 of Bonded Labour System(Abolition) Act 1976.

Punishment for advancement of bonded debt.- Whoever advances, after the commencement of this Act, any bonded debt shall be punishable with imprisonment for a term , which may extend to three years and also with fine which may extend to two thousand rupees.

(b) Buying and selling of human being has been prohibited and has been declared an offence under section 370 of Indian Penal Code 1860.

370. (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by–– 

First.–– using threats, or

Secondly.–– using force, or any other form of coercion, or

Thirdly.–– by abduction, or

Fourthly.–– by practising fraud, or deception, or

Fifthly.–– by abuse of power, or

Sixthly.–– by inducement, including the giving or

receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.

Explanation 1.–– The expression “exploitation” shall include, prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the

forced removal of organs.

Explanation 2.–– The consent of the victim is immaterial in a determination of the offence of trafficking.

(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

(4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life.

(5) Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life.

(6) When a public servant including police officer is involved in the trafficking of a minor then such public servant shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life.

(7) If a person is convicted of the offence of trafficking of minors, on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.

 370A. (1) Whoever, despite knowing, or having reason to believe that a child has been trafficked, employs such child in any form of labour, shall be punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years, and with fine.

(2) Whoever, despite knowing or having reason to believe that an adult has been trafficked, employs such adult for labour, shall be punished with rigorous imprisonment for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.’.

(d) Agriculture work is a Scheduled employment under the Minimum wages Act1948 the State of Punjab has fixed the minimum wages, payment of overtime wages and weekly rest under the law not paying any one of the three is the violation of law.

(e) Employment as a domestic servant is a Scheduled employment, denying to pay minimum wages under the law is amount to violation.

(f) Under the minimum wages Act 8 hours  are concluded as a day, extracting more labour than the prescribe banner amounts  to force labour and also threat to the life and physically torture.

(g) If due to advancing a bonded debt is an offence under Section 2 (g) of Bonded Labour System (Abolition) Act 1976

Section: 2 (g):- \"bonded labour system\" means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,--

(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, on such advance, or

(ii) in pursuance of any customary or social obligation, or

 (iii) in pursuance of an obligation devolving on him by succession, or

(iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or

(v) by reason of his birth in any particular caste or community, he would--

(1) render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or

(2) forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or

(3) forfeit the right to move freely throughout the territory of India, or

(4) forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him, and includes the system of forced, or partly forced, labour under 3 which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor;

1. one Harmel Singh @ Meli S/o Gurdev Singh R/o Village Mehma Sarja, Tehsil Bathinda, Distt. Bathinda and has filed a self Declaration which revealed that;

a)      That he belongs to Mazhabi Sikh caste which has been declared as Scheduled Caste by the State of Punjab.

b)      That He and 3 other worker family (Total 18) are employed by M/s Singla Bricks Industry Village Baandi, Tehsil & Distt. Bathinda, Punjab whose present owner is Surinder Singla. This firm is a Brick Manufacturing Factory. The workers are employed as Brick Molders. They all are in debt bondage. The employer does not allow them to leave the brick kiln and neither provide any work or any wages are being paid to them. The workers do not wish to work there under in decent and sub human conditions and have made a request to liberate them from bondage. The full Details of their miseries are mention in the self declaration attached to this complaint as “Annexure A”.

c)      That the workers were brought to this Brick kiln by the Jamadar Shama Singh R/o Vill.Kiliya Wali Distt.Muktsar.

d)      That the owner advanced a bonded debt of Rs 5000 per family.

e)      That the brick kiln owner does not pay them their earned wages and only pays them Rs 2000-3000 per family after 15 days.

f)       That the worker mold at least 1500-2000 bricks in one day per family.

g)      That there is no facility of clean water and sanitation – toilets and washing facilities - at the Brick kiln.

h)      That the Brick kiln owner deducts the electricity bill from their wages by adding the same to their bonded debt.

i)        That if there is rains then the workers are not paid any wages nor does the owner given them adequate subsistence allowance. Where the petty amounts of money given towards of expenses are also added to their bonded debt. Therefore, the workers wish to leave the brick kiln and take up alternative employment elsewhere. This is not allowed by the brick kiln owner owing to the bonded debt.

j)        That the water pump was not working and work had completely stopped at the brick kiln so to themselves from starvation the bonded labour families and other families took up some work in an adjacent field for harvesting. When the Brick kiln owner came to know about this he called the workers to his office and abused them and beat them up.

k)      That not the Brick kiln owner has told the workers that they will be paid only half of their earned wages.

l)        That the house hold items of the workers are also at the brick kiln.

m)   That the brick kiln owner is demanding the bonded debt amount from the workers mentioned in Annexure A” and that the workers will not be allowed to leave the kiln with their belongings till the bonded debt is repaid.

n)      That now me Harmel Singh, Boota Singh S/o Binder Singh and Ramandeep Kaur w/o Boota Singh escape from the Brick kiln and now they are living at Vill. Goniyana Kalan at a relative’s house but the other family members are retrained from leaving the brick kiln.

o)      That signed complaint along with self declaration is being sent in a separate Post.

1. That no such complaint has been earlier made to this Honorable Commission or any other commission or any court of law according to the information received from the victim.

Victim Shivkumar belongs to Chamar Community of SC caste from Sariyya village, Hardoi. The incident is of around 11 am where main accused Sarvendra Gupta who is also a Gram Pradhan of Sariya Village, along with 7 other accused forcibly entered victims house and physically assaulted Victim Shivkumar and his sister in Law with brutality. Accused also used abusive language and humiliated them with caste names. Gram Pradhan thereatened the victim of booking a case against him U/s 151 and making him spend rest of his life in jail. Hearing the noise, 2 village person Arvind and Bhola reached victim\'s house but they are not willing to be a witness of the incident due to the strong political network and Gram Pradhan\'s influence on Police officials. Victim submitted a complaint letter to SSP Hardoi to look into the matter but no response has been given on victims complaint. No protection is provided to victim and their life is under threat as accused party has continously been threatning the victim of dire consequences.